RADHEY SHYAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The present revision has been filed against the order dated 31st October, 2008 whereby the learned Sessions Court has framed charge against the revisionist under Sections 147, 304, 149 IPC in Sessions Trial No.54 of 2005 pending before Special Judge (SC/ST Act), FTC No.6, Hardoi arising out of Crime No.410 of 1998 under Sections 147, 149, 304(1) IPC, Police Station Bilgram, District Hardoi.

(2.) The revisionist was not named in the FIR. The FIR was registered against six accused who have been tried and convicted by the learned trial Court vide judgment and order dated 26.08.2004 under Sections 147, 304(1)/149 IPC.

(3.) The revisionist initially approached this Court in Crl. Misc. Case No.792 of 1999 under Section 482 CrPC. In the aforesaid petition the challenge was the summoning order passed by learned trial Court after taking cognizance on the charge sheet. This Court vide order dated 18th September, 1999 disposed of the aforesaid petition under Section 482 Cr.P.C. giving liberty to the petitioner to file a discharge application through counsel. It was further directed that the discharge application should be considered and disposed of by the learned trial Court in accordance with law.